Katz v. Marra

and votes to reverse the orders appealed from and grant the defendant’s motions with the following memorandum, in which Austin, J. concurs:

In a case involving specific performance of a contract for the sale of a residential building, the majority finds that the facts did not warrant invoking the Supreme Court’s inherent discretionary power to vacate a default judgment in the interest of substantial justice. They reach this conclusion even though denying vacatur in this case awards specific performance to a plaintiff who never had standing to prosecute this action because of an assignment of…